What Damages Can Be Recovered in A Personal Injury Claim in Waipahu
Did you sustain injuries after an accident in Waipahu? The experienced personal injury lawyers from Recovery Law Center can review your case and determine whether you can pursue money for your losses. In legal terms, the money you receive in a personal injury case is called damages.
The aftermath of an accident is often overwhelming. You may not know the full extent of your injuries, the expected recovery time, and whether you may end up with a permanent disability. Fortunately, Hawaii law allows you to seek compensation to cover a wide range of losses, not just your medical bills. An accident lawyer at Recovery Law Center can explain what types of damages you could receive.
The attorneys at Recovery Law Center have fought for accident victims in Waipahu and throughout Oahu for over 25 years. Our legal team takes a personal approach to every case. Rather than rush through your case like some big law firms, we take the time to listen to your story and ensure your needs are met. We will develop a legal strategy tailored to your unique circumstances, goals, and needs. Call or contact us today for a free case review.
What Types of Compensation Can I Receive?
A successful personal injury claim in Waipahu could provide you with compensation for a range of financial and emotional losses you incurred due to your injuries. The types of compensation possible in a Hawaii personal injury case include:
- Special damages reimburse victims for actual losses that you can calculate. Also called economic or compensatory damages, this money compensates victims for medical bills, rehabilitation, medical equipment, lost wages, or future losses they are expected to incur.
- General damages, or non-economic damages, provide money for the intangible losses that victims experience because of an accident, such as pain and suffering or emotional distress. General damages cannot be associated with a specific dollar amount. An attorney will help come up with a figure after reviewing the facts of your case.
- Punitive damages are meant to punish wrongdoers for especially reckless actions. Hawaii courts rarely award punitive damages to accident victims, but when the conduct of the at-fault party is particularly harmful, they sometimes allow for a punitive damage award.
Suing for Damages in Waipahu
The process of suing for damages in Waipahu depends on what kind of accident caused your injuries. In many personal injury cases, such as a slip-and-fall accident or defective products case, you begin by filing a claim with the liability insurance provider of the at-fault party(s). But if you are in a motor vehicle accident, you must first turn to your auto insurance company and personal injury protection (PIP) coverage before seeking compensation elsewhere.
Personal injury cases usually resolve in settlements with the responsible party’s insurance company. In a settlement, the insurer agrees to pay the claimant in exchange for the claimant waiving their right to sue. Both sides benefit if the settlement offer is fair. The claimant gets guaranteed money, and the insurer is spared the time, expense, and uncertainty of a trial. But if the liable party’s insurance company refuses to settle, your attorney may recommend taking the case to trial.
Under Hawaii’s statute of limitations, you typically have two years from the date of your injury to file a lawsuit. Filing suit after the statute of limitations has expired means the court will likely dismiss your claim.
Filing a Personal Injury Lawsuit
A lawsuit begins when you file your complaint in court. The defendant(s) in the case then can file an answer to admit or deny the allegations in your complaint. The other side can also file motions to dismiss your case.
After the pleadings have been filed, the discovery phase begins. The parties exchange evidence and interview witnesses to narrow down the issues for trial. The discovery phase allows both sides to evaluate the strengths and weaknesses of each case.
If the sides cannot agree, a lawsuit eventually goes to trial, where a judge or jury hears evidence and delivers a verdict on the case.
What Evidence Can Help Prove My Case?
The types of evidence necessary to prove your personal injury case also depend on the nature of the incident that led to your injuries. Examples of evidence include:
- Police accident reports
- Medical records
- Incident reports
- Witness statements
- Surveillance camera footage
- Photographs and video of the accident scene
- Expert testimony from accident reconstruction specialists, engineers, actuaries, medical professionals, and vocational rehab representatives
- Vehicle inspection reports
- Post-accident repair records
- Cell phone records
- Vehicle electronic data logs
- Employment records
- Background histories
- Physical evidence
- Criminal records
Don’t stress if your injuries prevent you from collecting evidence at the accident scene. Your lawyer will conduct a detailed investigation to support a strong claim for maximum compensation.
Contact a Waipahu Personal Injury Attorney Today
The damages you recover in a personal injury case can make a huge difference in your life after a serious accident. If you or a loved one is hurt and someone else is at fault, don’t hesitate to contact Recovery Law Center today. A Waipahu personal injury attorney from our firm will review your case and discuss your options in a free case review.
You have nothing to lose and everything to gain. Call or contact us now to get started.